New Jersey Desertion Divorce Lawyer — What Are Your Options?
Desertion is a fault-based ground for divorce in New Jersey, requiring proof your spouse willfully and continuously abandoned you for at least 12 months. A desertion divorce lawyer NJ from Law Offices Of SRIS, P.C. can guide you through the complex proof requirements and protect your rights in court. Our firm has extensive experience handling contested fault-based divorce cases across all 21 New Jersey counties.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Statutory Definition of Desertion in New Jersey Divorce
In New Jersey, desertion is legally defined as the “willful, continued, and obstinate desertion” of one spouse by the other for a period of 12 or more months. This is a fault ground for marriage dissolution under N.J. Stat. § 2A:34-2. Unlike a no-fault divorce based on irreconcilable differences, proving desertion requires demonstrating the abandoning spouse had the intent to desert and that the separation was against the wishes of the spouse left behind. The 12-month period must be continuous and unbroken. A skilled divorce attorney can help gather the necessary evidence, which may include testimony, correspondence, and records showing the lack of cohabitation and support.
Official Legal Resources
For the official statute, see N.J. Stat. § 2A:34-2 (New Jersey Legislature). For court forms and procedures, visit the New Jersey Courts Self-Help Center.
Proving a Desertion Case in New Jersey Superior Court
Successfully filing for divorce on grounds of desertion requires meeting a specific legal burden. You must prove the desertion was willful, without your consent, and has lasted for the statutory period. The court will examine whether there was a justifiable cause for the departure. In many New Jersey vicinages, judges scrutinize these fault-based petitions closely, requiring clear and convincing evidence.
- Consult with a desertion divorce lawyer NJ to evaluate the strength of your case and the evidence required.
- Your attorney will help you document the timeline of the desertion, gathering proof like separate residence records, lack of communication, and cessation of financial support.
- File a Complaint for Divorce in the New Jersey Superior Court, Family Part, in the county where you reside, specifically citing desertion as the ground.
- Serve the divorce papers on your spouse. If they cannot be located, your attorney may need to pursue service by publication.
- Prepare for potential court hearings where you will present evidence to prove the elements of desertion.
- If desertion is proven, the court will move to issues of alimony, equitable distribution, and, if applicable, child custody and support.
Potential Outcomes and Considerations in a Desertion Divorce
In New Jersey, a proven desertion can influence the court’s decisions on alimony and equitable distribution, potentially favoring the innocent spouse.
| Case Aspect | Potential Impact of Proven Desertion |
|---|---|
| Alimony | The court may consider the desertion as a factor, potentially awarding more favorable alimony terms to the deserted spouse. |
| Equitable Distribution | Marital misconduct like desertion is generally not a direct factor, but the circumstances (e.g., one spouse bearing all household costs) can affect the outcome. |
| Legal Fees | The deserter may be ordered to contribute to the other spouse’s attorney fees. |
| Timeline | Fault-based divorces like desertion can be more complex and contested, often taking longer than an uncontested no-fault divorce. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Desertion Divorce Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to family law matters. Our tagline, “Advocacy Without Borders,” reflects our commitment to aggressive and thorough representation. We understand the emotional and financial strain of a contested divorce and provide strategic guidance aimed at protecting your future.
Our Approach to Divorce Representation
Our firm has a documented record of handling complex family law cases. We focus on building a strong evidential foundation for fault-based divorces like desertion. Our team works to clearly demonstrate the willful and continuous nature of the abandonment to the court.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
SRIS New Jersey Location — 51 JFK Parkway, 1st Floor West
Short Hills, NJ 07078
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: 856-291-6150
By appointment only.
Our Short Hills location serves clients across all 21 New Jersey counties. We offer 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions About Desertion Divorce in NJ
What is the difference between desertion and separation in NJ?
Yes, there is a major difference. Separation simply means living apart. Desertion is a fault ground requiring proof of a willful, continuous, and obstinate abandonment for over 12 months against the wishes of the other spouse.
Can I file for divorce in NJ if I don’t know where my spouse is?
Yes. A divorce attorney can help you file and then seek permission from the court for “service by publication,” where notice is placed in a newspaper. This is common in desertion cases where the spouse’s location is unknown, though it adds steps to the divorce filing process.
Does proving desertion aim for I will get alimony?
No, it does not aim for it. While proven desertion is a factor the court can consider in an alimony award, the final decision is based on multiple statutory factors like need, ability to pay, and the length of the marriage.
How long does a desertion divorce take in New Jersey?
It depends. A contested desertion divorce requiring evidentiary hearings typically takes longer than an uncontested no-fault divorce. The timeline can vary from several months to over a year, depending on court schedules and case complexity.
Should I hire a lawyer for a desertion divorce?
Yes. Proving the legal elements of desertion requires specific evidence and legal procedure. A skilled marriage dissolution lawyer is crucial for handling the court system, presenting your case effectively, and protecting your financial and parental rights.
A desertion divorce case is one part of divorce & separation lawyer, and our page on divorce lawyer New Jersey covers the wider process.